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Step Two In A Civil Case: Establishing Liability

IMPORTANT FACTORS IN A CIVIL CASE Two factors are important in personal injury cases: (1) whether the plaintiff has sufficient evidence to establish that the injuring party was at fault, and (2) whether the plaintiff suffered damages as a result of the injuring party’s negligence. When an attorney first gets a personal injury case, one of the first things we… read more →

STEP ONE IN A PERSONAL INJURY CASE: MAKING A CLAIM

INJURED IN A CAR WRECK When police respond to a car wreck they take down information from each person involved in the collision including whether the person deemed responsible has insurance and all available information relating to the policy. That information is typically logged in the police report which is then made available through the department’s public records department. Usually,… read more →

STEPS IN A CIVIL CASE

Over the course of several blogs, I explained the process in a criminal case and now want to take some time to go over how a civil case works. While there are variables in the process depending on the jurisdiction the case is pending (magistrate court, federal court or in a state or superior court), many of the same general… read more →

Justice Perverted

It’s been several weeks since a DeKalb County jury convicted Andrea Sneiderman of perjury charges, but the significance of that verdict still resonates with me like a bad dream I can’t shake. As I former prosecutor and current criminal defense attorney, I have spent much of my career believing in the system. Believing that prosecutors are in it for the… read more →

Step Twelve: Post-Conviction Relief

Once the trial court denies the defendant’s Motion for New Trial, the defendant has 30 days within which to file a Notice of Appeal with the clerk of court where the conviction occurred. Jurisdiction of the case is thereafter transferred to either the Court of Appeals or Supreme Court, depending on which court has jurisdiction over the issues in the… read more →

Step Eleven: The Motion for New Trial

If you are considering filing a Motion for New Trial, then things clearly did not go well at the trial of your case. Motions for New Trial must be filed within 30 days of the return of a guilty verdict at trial and it is the beginning of the appellate process. As the name suggests, the basis of the Motion… read more →

Step 10: Trial or Plea

The trial of a criminal case is where, as the saying goes, the rubber meets the road. It is the culmination of all the hard work, research and investigation the criminal defense lawyer has done – or should have done – on the case. Criminal cases are usually tried before a jury (6 persons for misdemeanors or 12 persons for… read more →

Step 9: The Trial Calendar

NOTICE FOR TRIAL CALENDAR CALL When a criminal defendant’s case appears on a trial calendar it often incites panic in both the defendant and his/her family. The immediate assumptions are that (1) the defendant’s case is the only one being called in for trial and (2) that the trial will be held on the day the defendant is required to… read more →

Step Eight: Motions Hearings

It would be virtually impossible to cover all the various motions hearings that can accompany a criminal case in a short blog. Perhaps in the future I will address more individually but here I will simply cover a couple of the more important hearings.  MOTION TO SUPPRESS EVIDENCE Without question, one of the most important and effective motions that can… read more →

STEP SEVEN: ARRAIGNMENT

Each criminal case gets assigned to a judge in the county or jurisdiction where the offense occurred. The assignment is usually random (each county controls the method of assignment)unless the defendant is actively on probation before a particular judge then any new cases will automatically be assigned back to that same judge. Each judge sets a schedule for his/her court… read more →
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